Chapter: Defects That Grant the Right of Annulment in Marriage

Certain defects entitle one of the spouses to annul the marriage. Among them are the following:

1. If a wife discovers that her husband is incapable of intercourse because he is impotent (ʿanin) or because his organ has been severed, she may dissolve the union. When she alleges impotence and he acknowledges it, he is granted a respite of one year; if he is able to have intercourse during that period, the marriage stands, but if he is not, she may annul it.

2. If a husband finds in his wife a defect that prevents intercourse—such as an imperforate vagina (ratq) that cannot be remedied—he likewise has the right to annul.

3. Should either spouse find in the other a defect common to men and women alike—such as severe hemorrhoids, insanity, vitiligo, leprosy, alopecia, or chronic halitosis—he or she may choose annulment, for such conditions naturally cause repulsion.

The distinguished scholar Ibn al-Qayyim said: “Every defect that repels one spouse from the other and frustrates the purpose of marriage establishes the right of option, and this is even more deserving here than in sales transactions.”

If any of these defects appears after the contract has been concluded, the other spouse still retains the choice of annulment.

This option belongs to whichever spouse did not accept the defect, even if that spouse is afflicted with